Should nuptial agreements be made available to all?

Nuptial agreements are not defined or recognised in legislation. Their status has been determined by case law, most significantly by the 2010 landmark case of Radmacher v Granatino, which ruled that appropriate weight should be given to the terms of a nuptial agreement, so long as it was freely entered into by both parties and upholding the agreement would still be fair in the circumstances as they prevail at the
time of separation or divorce.

As the law currently stands in England and Wales, nuptial agreements, whether entered into before or after marriage, are not binding. However, the …read more